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Gibbons v Izzard [2017] NZDC 21148

Published 22 June 2018

Application for a Harmful Digital Communications Act order — order to remove publication — jurisdiction of New Zealand court — United States based website — DMCA notice — Harmful Digital Communications Act 2015. The applicant sought an order that a harmful digital communication about her be removed from a United States based website. The court accepted that the defendant had taken steps to have the publication removed, but that there were difficulties in doing so. The court accepted that the entities that might have the ability to take down the content were not subject to the jurisdiction of the court, but invited them to be cognisant of the fact that an order had been made and encouraged them to comply with the order. The defendant was ordered to take all possible steps to ensure that the publication was taken down or disabled with the intent that the order have at least the same effect as a DMCA notice under United States law. Judgment Date: 20 September 2017.

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